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KANE ASSOCS. v. BLUMENSON

23 N.Y.2d 942 (1969)

Kane Associates, a Copartnership, Plaintiff, v. Philip Blumenson et al., Defendants. Edward T. Klett, Appellant, v. Philip Blumenson et al., Respondents.

Court of Appeals of the State of New York.

Decided February 19, 1969.

Attorney(s) appearing for the Case

Frederick L. Sohn for appellant.

Philip Blumenson, respondent in person and for Herman R. Sussman, respondent.

Concur: Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN and BREITEL. Judges KEATING and JASEN dissent and vote to reverse and to reinstate the order of Special Term in the following memorandum.

Order affirmed, without costs, on the opinion at the Appellate Division. Question certified answered in the affirmative.

KEATING and JASEN, JJ. (dissenting).

Under settled law, a receiver in foreclosure is entitled to all rents, including those due but unpaid at the time of his appointment, which have not been reduced to the possession of the landlord at the time the receiver qualifies. (New York Life Ins. Co. v. Fulton Development Corp., 265 N.Y. 348...

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